Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-01-13
APPLICATION ron PATENT.

~O- - - -8 49,
APPLICATION ron PATENT.
Where papers havs once been filed with the
Register and Receiver they become Q part Of
the record, and can neither be withdrawn nor
returned, but must be transmitted to the Gen
eral Land ONCE.
An application viii be rejected when the
scription of the premises 10 erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
~Second-The notice was not published in o
new spaper designated as published nearest the
claim.
Third-Record title was found defective,
and
Fourth-A previous application had boon
made for the same premises, which was with
drawn pending a suit in Court commenced by
the adverse claimant.
An application for patent will BIO rejected
when the survey does not accurately define the
boundaries Of the claim.
Where the claim was not located in accord.
ance with law.
Where several parties own separate and dis
tinct portions Of . claim. application for
patent may be made by either for tina portion
OF the claim owned by him; but where several
parties own undivided interests in . mining
claim all should join In an application for .
patent.
A person or association may purchase as
many placer locations - the local law admits,
and embrace them all In one application for Q
patent.
Two or more lodes cannot be embraced In
one application for q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport-
ing to act IS . deputy for the Register and Re-
ceiver cannot be recorded % evidence.
In all patents for mining claims situated
within tho tntAptnr hounAaria m ~ . toan a3ta
a clause is inserted "excepting and excluding
all town property, rights upon the surface,
and all houses, buildings. structures. lots.
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here.
In. and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication of notice must be made a only
one newspaper for the period Of so days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
newspapers go days must elapse between the
fret and last insertions.
Where the Registered esignates the daily issue
OF Q newspaper fer publication Of notices Of 0
mining application for patent IL Ia not . com.
pliance with law to change to the weekly edi.
ton OF the same paper without authority Of
the Register.
The existence OF q salt spring on Q tract of
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character OF ouch land IL not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must ale Q separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once nled
cannot be Withdrawn, but become s Q part Of the
record.
Whap q N adva~aa ar.4un - -
not be amended SO as to embrace q larger per.
ton OF the premis 8 than that described In tne
original adverse cl, IN.
An adverse clsi must be made ont in
proper form and a, 4 In the proper local otic e
during the period Of publication of the appii-
cation for the patent to be effective.
1t fs the duty OF the adverse claimant O
suit In proper form within the re-
quired time, and II he trusts the uncertain
medium Of the United States mail he must
abide the consequences should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result of
the cor rupto or dishonest actlon of his attsrney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody-
Ing conclusions of law. without stating the
facts specially, will not be considered In evi.
delce.
An adverse claimant should show . compii.
ance with the local laws in recording his claim
and In regard to expenditures, and shall nle q
copy of the original notice OF his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to q suit that they
compose the company 10 SUFFICIENT. and they
are not required to prove thst they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL or MINERAL LAxps.
Where land is OF little, II any value, for scri.
cultural purposes, but is essential to The
proper development OF mining claims. II
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been included In an agricultural
entry, said entry will be Cancelled 81 any time
prior to issuance of patent, upon satisfactory
evidence Of the existence Of such valuable de-
posts.
Where valuable deposits OF mineral are dis
covered upon . tract after the same ias been
entered as agricultural, but before \ stent hiss
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled 10
nat portion OF the land embraced by said
Where mineral deposits are discovered on
Agricultural lands after the patent has been
Issued to an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make Q mining location
dispose OF IL. provided he becomes 4 citizen
before disposing OF the mine. Proof that the
party was not 9 citizen before disposino OF hts
claim must be afarmstively shown.
Locators and intermediate owners. other
than applicants. will not be presumed aiiens.
IN the absence Of allegation or objection prior
70 issuance OF patent.
Ihe portion Of Q mining claim sold 10 an
alien cannot be patented while such owner is
an alien; but on his declaratonl 0 become .
citizen his right dates back to his purchase,
aug ne may thereupon secure United States
patent for his claim.
GROSS LKDaHs.
revised Ststutes. Section 2.3a6:
where two or more lodges cross or intersect
eacn other. priority OF title shall govern, and
such prior location shall be entitled 10 ali ore
or mineral contsined within the space of inter.
secuon, but the subsequent location shall have
tne right OF way through the space of inter-
secton TOP the purpose Of the convenient
Working OF the mine. And where two or more
VEINS unite the oldeat or prior location shall
tske the vein below the point Of union, in.
ciuding all the space Of intersection.
~UNNEk
Tnere Is no authority of law for Q tunnel
LOCATION 5,OOO by !, 500 feet. A proper location